Lee v. Southern Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Bay, J., at tbe June Term, 1920, of Roce-INGHAM. This is an action to recover damages by the plaintiff for injuries sustained by him in consequence of the alleged negligence of the defendant. The defendant denies negligence, and pleads contributory negligence.
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Appeal by plaintiff from Bay, J., at tbe June Term, 1920, of Roce-INGHAM. This is an action to recover damages by the plaintiff for injuries sustained by him in consequence of the alleged negligence of the defendant. The defendant denies negligence, and pleads contributory negligence. In the southern part of the town of Reidsville the defendant had and maintained, at the date in question, three tracks only a few feet apart, all of which are parallel and run practically north and south. The ■easternmost track is the main line going north. The one just west of and next to that is the main line…
1Opinion of the CourtAlleN, J.
It is rare that negligence or contributory negligence is dependent on a single fact, and, on tbe contrary, it is to be determined by a consideration of all tbe relevant surrounding circumstances.
One fact, separated from others, may have little or no bearing, and by tbe process of elimination, all ground for tbe contention that negligence exists on tbe part of tbe plaintiff or defendant may be removed, when, if all tbe circumstances are considered together, tbe inference of negligence is manifest.
We do not, therefore, approve tbe practice of making single instances tbe basis of instructions,…
2Cases cited8 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Cooper v. RailroadSupreme Court of North Carolina · 1905
- Fann v. . R. R.Supreme Court of North Carolina · 1911
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Inman v. North Carolina R. R.Supreme Court of North Carolina · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- City of Hickory v. Catawba CountySupreme Court of North Carolina · 1934
- Troxler v. . R. R.Supreme Court of North Carolina · 1899